Posted: 12/12/07
Chief Shefelbine's promotion request is denied by council
By Charlie Warner
Argus News Editor
Did Caledonia Police Chief Randy Shefelbine have the authority to promote Officer Jim Stemper to the rank of sergeant without receiving approval from the city council? That's an issue that cropped up during the Nov. 26 council meeting, and was settled Monday, Dec. 3 when the council voted 4-0 to deny Shefelbine's promotion request.
Mayor Mike Morey and councilmembers Paul Fisch, Randi Vick, and Gary Klug voted for the motion to deny Shefelbine's request. Councilman Bob Standish was not present when the vote was taken.
The council decided to continue the regularly-scheduled Nov. 26 meeting to a special council meeting held Dec. 3. City Administrator Bob Nelson was instructed to contact City Attorney Tim Murphy to get his input on the issue. Murphy could find nowhere in the city statutes that would give the police chief the authority to make this type of promotion, Nelson reported at the Dec. 3 meeting.
Shefelbine said he did some research of his own. "I checked with the State Attorney General's Office and the League of Minnesota Cities, and couldn't get a definite answer," Shefelbine told the council. "From what I learned, this issue could go either way."
"I did some checking too," Morey said. "Tim (Murphy) said if the city had a police commission, that group would handle something like this. But because we don't, this decision needs to be made by the city council."
Shefelbine countered that the State Attorney General's Office suggested the city have a human resources study conducted to see if there is a need for a sergeant. "They told me it would be best to look at all the pros and cons before making a decision."
"Why didn't you contact us about this before you went ahead and made the promotion?" Morey asked the police chief.
"I did. I brought this to the council on several occasions and you didn't do anything about it," Shefelbine replied. "So I did a lot of research and didn't find anywhere in the city status that indicated I couldn't make a promotion. The fire chief has the authority. Police chiefs in other communities about the same size as Caledonia not only have the authority to do so, but have more than one administrative position.
"If I did something wrong, I apologize," Shefelbine went on. "I felt there was a need for this and I thought I was doing the right thing."
Earlier this fall, Shefelbine expressed a need to have one of his officers promoted to the rank of sergeant. According to the police chief state law requires in the absence of the police chief, an officer of command authority must be present.
"I suppose I could just tell one of my officers he is in charge if I have to be out of town for a meeting, or on the weekend," Shefelbine said. "But if all of the officers are the same rank, why would they take orders from someone of their same rank? Being two officers short has made things difficult enough with our department. I really need someone to take charge when I'm gone- someone who can help me lead investigations- someone the other officers can turn to in my absence."
Shefelbine presented the council with a job description for the sergeant's position at the Nov. 26 meeting.
After reviewing the page-long job description, none of the council members agreed with Shefelbine of the need for a police sergeant.
"I have a hard time with this," Fisch said. "We have a small police department. I just don't see the need for a chief and a sergeant."
"We've gotten along without a sergeant for many years," Klug noted. "I wonder if we really need this (promotion)."
"I wouldn't have made this request if I didn't think it was needed," Shefelbine replied.
The police chief said crime problems have increased in Caledonia. "We're having a lot more domestic violence cases. Our department is conducting many more investigations than we used to. Our population is becoming much more diverse, which brings many more issues we are called upon to handle."
Seeing that his request wasn't making any progress, Shefelbine asked if the council would agree to a three-month probationary period. "I could report back in three months and let you know how it's working out."
Morey asked if anyone wished to make a motion approving Shefelbine's request. No one spoke up. Morey asked a second time. Again, no one spoke up.
Shefelbine then reported he had already promoted Officer Stemper and said the city needs to provide the incentive for keeping good people in the department. "Making a promotion is a very good way of doing this."
The council questioned if Shefelbine had the authority to make the promotion without council approval.
When asked for his opinion on the matter, Nelson replied he did not know, but would do some checking with the city attorney and also the League of Minnesota Cities.
As far as promotions on the fire department, Nelson said the department holds elections every year and then reports to the council. The council then approves the roster of officers.
"Several years ago, the fire department wanted a third assistant chief to handle all of the training issues. The fire chief came before the council to explain the need for the position and have the creation of that position approved," Nelson noted.
Promoting a police officer to the rank of sergeant could bring up union issues, Nelson added. Because the sergeant position would be a supervisory one, would Stemper have to leave the current union he is in? Would his position be a non-union one, as the police chief, or would a new union have to be created?
With the council action that took place Dec. 3, those questions probably won't be broached.
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